Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, in the time of Isaiah, the stewardship   of money had a high place in the leadership of God's people. Please listen, Chapter 60 of Isaiah:

"The wealth of the Nations shall come to you,

The multitude of camels shall cover your land...

They shall bring gold... and they shall proclaim the praise of the

Lord."

Let us pray.

Our Father, as we think of our money, let us not think of it as a problem, but as a blessing from God who sends the sunshine and the rain, the blessed seasons and the fields of fruit.

Help us to use our money to praise our God, answering the prayers of Jesus when He taught us to pray, "Give us this day our daily bread!"
Amen!

The PRESIDENT Pro Tempore called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

The following appointments were transmitted by the Honorable Mark C. Sanford:

Reappointment, State Advisory Committee on Educational Requirements for Local Government, with term to commence June 30, 2004, and to expire June 30, 2008

USC:

Dennis N. Lambries, Institute of Public Service and Policy Research, University of SC, Columbia, S.C. 29208

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2003, and to expire June 30, 2007

At-Large:

Margaret E. Mackinem, 232 Rose Creek Lane, Columbia, S.C. 29229 VICE Eugene Hunter

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 2002, and to expire March 21, 2007

2nd Congressional District:

Mrs. Jane Kiser, 67 Myrtle Island Road, Bluffton, S.C. 29910 VICE Jean Burns

Referred to the Committee on Medical Affairs.

H. 3499 (Word version) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G.R. Smith, J.R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J.E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E.H. Pitts, Ballentine, Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL

Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

H. 3813 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTIONS 25-1-3235 AND 25-1-3240, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD PENSION FUND AND ELIGIBILITY FOR THE NATIONAL GUARD PENSION AND THE ADMINISTRATION OF PENSIONS FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO ESTABLISH THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE OF THE NATIONAL GUARD PENSION FUND AND PROVIDE FOR THE INVESTMENT OF ITS FUNDS AS THE FUNDS OF OTHER STATE RETIREMENT FUNDS ARE INVESTED, PROVIDE FOR THE ADMINISTRATION OF THOSE PENSIONS BY THE RETIREMENT SYSTEM OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE FOR THE EXPENSES OF ADMINISTRATION TO BE PAID FROM EARNINGS.

Senator MESCHER asked unanimous consent to make a motion to recall the Bill from the General Committee.

There was no objection.

The Bill was recalled from the committee.

Senator MESCHER asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator MESCHER asked unanimous consent to commit the Bill to the Committee on Finance.

There was no objection.

The Bill was committed to the Committee on Finance.

Senator FAIR from the Committee on Corrections and Penology polled out S. 258 favorable with amendment:

S. 258 (Word version) -- Senators Fair, Martin, Bryant, Cromer and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE MATERIALS MANAGEMENT OFFICE OF THE BUDGET AND CONTROL BOARD SHALL DEVELOP, MAINTAIN, AND IMPLEMENT A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.

Fair                      Thomas                    Patterson
Hawkins                   Courson                   Hayes
Bryant                    Lourie                    Scott
Sheheen                   Williams

Ford                      Gregory                   Ryberg
Anderson                  Pinckney                  Leatherman

Ordered for consideration tomorrow.

The following were introduced:

S. 783 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 36 OF TITLE 12 SO AS TO IMPOSE AN ADDITIONAL STATE SALES, USE, AND CASUAL EXCISE TAX EQUAL TO THREE PERCENT OF AMOUNTS SUBJECT TO THESE TAXES; TO AMEND SECTION 12-36-910, AS AMENDED, BY PROVIDING A SEPARATE STATE SALES AND USE TAX RATE EQUAL TO TWO PERCENT ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS; BY ADDING SECTION 11-11-155 ESTABLISHING THE OPERATING TAX MILLAGE EXEMPTION TRUST FUND IN THE STATE TREASURY TO RECEIVE THE REVENUES OF THE ADDITIONAL THREE PERCENT STATE SALES TAX AND BY ADDING SECTION 12-37-253 SO AS TO EXEMPT ALL FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY REMAINING NOT ALREADY EXEMPTED FROM PROPERTY TAX FROM ALL PROPERTY TAX IMPOSED FOR OPERATING PURPOSES, TO EXEMPT FIFTY PERCENT OF THE FAIR MARKET VALUE OF COMMERCIAL REAL PROPERTY FROM PROPERTY TAXES IMPOSED FOR OPERATING PURPOSES, TO PROVIDE FOR THE REIMBURSEMENT OF POLITICAL SUBDIVISIONS OF THE STATE AND SCHOOL DISTRICT FROM THE OPERATING TAX MILLAGE EXEMPTION TRUST FUND FOR THE TAXES NOT COLLECTED BECAUSE OF THE EXEMPTIONS ADDED BY THIS SECTION, TO PROVIDE THAT ASSESSED VALUE OF PROPERTY EXEMPTED FROM TAX BY THIS SECTION IS CONSIDERED TAXABLE FOR PURPOSES OF COMPUTING BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY, AND TO PROVIDE

Read the first time and referred to the Committee on Finance.

S. 784 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF NEWBERRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
l:\council\bills\dka\3376dw05.doc

Read the first time and referred to the Committee on Judiciary.

S. 785 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DATE OF PARTY PRIMARIES, CERTIFICATION OF NAMES FOR PRIMARY BALLOTS, AND FILING FEES, SO AS TO CHANGE THE PRIMARY DATE FROM THE SECOND TUESDAY IN JUNE TO THE FIRST TUESDAY IN MAY.
l:\council\bills\dka\3380dw05.doc

Read the first time and referred to the Committee on Judiciary.

S. 786 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT 4 TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED NINE HUNDRED THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MUST BE ISSUED, AND THE PURPOSE FOR WHICH THE PROCEEDS MUST BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
l:\council\bills\gjk\20444sd05.doc

Read the first time and ordered placed on the Local and Uncontested Calendar.

On motion of Senator LAND, with unanimous consent, S. 786 was ordered to receive a second and third reading on the next two consecutive legislative days.

Columbia, S.C., April 19, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 3155 (Word version) -- Reps. Townsend, Wilkins, Walker, Littlejohn, Battle, Clark, Cobb-Hunter, Simrill, Sandifer, Haley, Brady, Hagood, Talley, G.R. Smith and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT WHICH PROVIDES FOR THE DEVELOPMENT OF A CURRICULUM ORGANIZED AROUND A CAREER CLUSTER SYSTEM THAT MUST PROVIDE STUDENTS WITH BOTH STRONG ACADEMICS AND REAL-WORLD PROBLEM-SOLVING SKILLS; TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO FURTHER PROVIDE FOR THE TRAITS WHICH MUST BE INCORPORATED INTO SCHOOL BOARD POLICIES ADDRESSING CHARACTER EDUCATION; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO SCHOOL REPORT CARDS, SO AS TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.
asks for a Committee of Conference, and has appointed Reps. Townsend, Anthony and Walker to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 3155 (Word version) -- Reps. Townsend, Wilkins, Walker, Littlejohn, Battle, Clark, Cobb-Hunter, Simrill, Sandifer, Haley, Brady, Hagood, Talley, G.R. Smith and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT WHICH PROVIDES FOR THE DEVELOPMENT OF A CURRICULUM ORGANIZED AROUND A CAREER CLUSTER SYSTEM THAT MUST PROVIDE STUDENTS WITH BOTH STRONG ACADEMICS AND REAL-WORLD PROBLEM-SOLVING SKILLS; TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO FURTHER PROVIDE FOR THE TRAITS WHICH MUST BE INCORPORATED INTO SCHOOL BOARD POLICIES ADDRESSING CHARACTER EDUCATION; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO SCHOOL REPORT CARDS, SO AS TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.

Whereupon, Senators HAYES, SHORT and RANKIN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:

S. 736 (Word version) -- Senators Ryberg and Peeler: A BILL TO AMEND SECTION 56-3-7780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "VIETNAM WAR VETERANS SPECIAL LICENSE PLATES" SO AS TO PROVIDE THAT ONLY VIETNAM WAR VETERANS WHO SERVED ON ACTIVE DUTY AT ANYTIME DURING THE PERIOD OF FEBRUARY 28, 1961, TO MAY 7, 1975, MAY BE ISSUED THIS SPECIAL LICENSE PLATE.

Senator RYBERG explained the Bill.

H. 3299 (Word version) -- Rep. Ceips: A BILL TO AMEND CHAPTER 23, TITLE 57 OF THE 1976 CODE OF LAWS, BY ADDING ARTICLE 4 SO AS TO ESTABLISH THE "OLD SHELDON CHURCH ROAD SCENIC BYWAY".

H. 3782 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER AS A SCENIC RIVER.

S. 778 (Word version) -- Senators Drummond and O'Dell: A BILL TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

S. 128 (Word version) -- Senators Malloy, Knotts, Elliott, Richardson and Ford: A BILL TO AMEND SECTION 59-150-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION LOTTERY ACT, SO AS TO PERMIT THE SALE OF LOTTERY TICKETS ON GENERAL OR PRIMARY ELECTION DAYS.

H. 3392 (Word version) -- Reps. Toole, Clyburn, Jefferson, Limehouse, Vaughn, Pinson and Vick: A BILL TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE TO ATTEND A STATE TECHNICAL COLLEGE OR A TWO-YEAR INSTITUTION, SO AS TO PROVIDE THAT IF A STUDENT FEELS THAT HE WILL DEFINITELY NOT QUALIFY TO RECEIVE FEDERAL FINANCIAL AID, THE STUDENT MAY COMPLETE A SIMPLE FORM OF MINIMUM QUESTIONS TO DETERMINE IF THE STUDENT DEFINITELY WILL NOT QUALIFY TO RECEIVE FEDERAL FINANCIAL AID, AND IF SO, THE STUDENT IS EXEMPT FROM COMPLETING THE FREE APPLICATION FOR FEDERAL STUDENT AID.

H. 3413 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, TO FURTHER PROVIDE FOR PROCEDURES REGARDING THE EXPENDITURE OF CERTAIN FUNDING, AND TO MAKE TECHNICAL CORRECTIONS.

Senator HAYES explained the Bill.

S. 415 (Word version) -- Senators Fair, Thomas, Verdin, Campsen, Grooms and Bryant: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT A PALMETTO FELLOWS SCHOLARSHIP IS AVAILABLE TO AN ELIGIBLE RESIDENT STUDENT WHO ATTENDS OR WILL ATTEND A PUBLIC OR INDEPENDENT INSTITUTION, AND TO DEFINE CERTAIN TERMS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.

The Committee on Education proposed the following amendment (MS\7451SJ05), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/ SECTION   1.   Section 59-104-20 of the 1976 Code, as last amended by Section 3G of Act 356 of 2002, is further amended by adding subsections (E) and (F) at the end to read:

(F)   For purposes of subsection (E):

(1)   'Public or independent institution' means:

(a)   a South Carolina public institution defined in Section 59-103-5, excluding a public two-year or technical institution, and an independent institution as defined in Section 59-113-50, excluding an eleemosynary junior or independent two-year institution; or

(b)   a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina.

(2)   'Resident student' means:

(a)   a student who is either a member of a class graduating from a high school located in this State, a home school student who has successfully completed a high school home school program in this State in the manner required by law, or a student graduating from a preparatory high school outside this State, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent; and

(b)   a student classified as a resident of South Carolina for in-state tuition purposes under Chapter 112 of this title at the time of enrollment at the institution."   /

Amend the bill further by adding an appropriately numbered SECTION to read:

/ SECTION   __.   Section 2-77-15 of the 1976 Code is amended to read:

"Section 2-77-15.   For purposes of this chapter:

(1)   'Eligible institution' means a four-year institution of higher learning: at which sixty percent or more of the enrolled undergraduate students are low-income and educationally disadvantaged students.

(a)   at which sixty-percent or more of the enrolled undergraduate students were low-income and educationally disadvantaged students, for the four consecutive years immediately preceding the then current year;

(b)   that is defined in Part B, Subchapter 111, Chapter 28, Title 20 of the United States Code;

(c)   that is accredited by the Southern Association of Colleges and Schools;

(d)   that is organized as a nonprofit corporation or is a public institution; and

(e)   that has its main campus located in South Carolina.

(2)   'Federal funding program' means:

(a)   Section 507(c) of the Omnibus Parks and Land Management Act of 1996 (16 U.S.C. 470a note), as amended; or

(b)   Part B, Subchapter III, Chapter 28, Title 20 of the United States Code.

(3)   'Low-income and educationally disadvantaged student' means a student who receives a Pell Grant." /

Renumber sections to conform.

Amend title to conform.

Senator COURSON explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 3142 (Word version) -- Reps. White, Davenport, Mahaffey and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT; AND TO ADD SECTION 40-33-525 SO AS TO REQUIRE, BEGINNING JANUARY 1, 2007, FOREIGN-EDUCATED APPLICANTS FOR LICENSURE AS A REGISTERED NURSE TO PASS THE NATIONAL COUNCIL LICENSURE EXAMINATION AND AN ENGLISH LANGUAGE PROFICIENCY TEST.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Committee on Medical Affairs proposed the following amendment (NBD\11730AC05), which was adopted:

Amend the bill, as and if amended, Section 40-33-1305, page 2, immediately after line 38 by inserting:

/   (c)   All costs associated with the financial support of the compact operation must be borne by the hiring agencies or agents. /

Amend the bill, further, Section 40-33-1315(D)(3), page 5, line 14 immediately before the /./ by inserting:

/, the nurse's current address, and other contact information as requested. A nurse shall maintain at all times a current address and contact information during practice in this State./

Amend the bill, further, Section 40-33-1325(C), page 6, line 37 by deleting /effects/ and inserting /affects/.

Amend the bill, further, by adding an appropriately numbered SECTION to read:

/SECTION___.   The State Board of Nursing shall promulgate regulations to carry out the provisions of Article 15, Chapter 33,

Title 40 of the 1976 Code, as added by Section 1 of this act, including regulations requiring employment data, education.

and other workforce information consistent with that currently being obtained by the board. The board may provide a form

to employers to collect data on the employment of nurses practicing nursing in the State on a compact state license. The

board may provide this workplace information to the Office of Research and Statistics in the State Budget and Control

Board./

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 137 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 20-7-420 OF THE 1976 CODE, RELATING TO THE JURISDICTION OF THE FAMILY COURT, TO PROVIDE THAT THE FAMILY COURT MAY ORDER THAT CUSTODY OF A MINOR CHILD BE AWARDED TO THE CHILD'S DE FACTO CUSTODIAN UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 20-7-1540, TO DEFINE "DE FACTO CUSTODIAN" AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH CUSTODY OF A MINOR CHILD MAY BE AWARDED TO A DE FACTO CUSTODIAN.

The Senate proceeded to a consideration of the committee amendment, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0137.002), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:

/   SECTION   1.   Section 20-7-420 of the 1976 Code is amended by adding the following appropriately numbered subsection to read:

"( )   To order custody of a minor child to the grandparent or grandparents under the circumstances specified in Section 20-7-1540."

SECTION   2.   Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-1540.   (A)   As used in this section:

'De facto custodian' means, unless the context requires otherwise, a person who has been shown by clear and convincing evidence to have been the primary caregiver for and financial supporter of a child who: (1) has resided with the person for a period of six months or more if the child is under three years of age, or (2) has resided with the person for a period of one year or more if the child is three years of age or older. Any period of time after a legal proceeding has been commenced by a parent seeking to regain custody of the child shall not be included in determining whether the child has resided with the person for the required minimum period.

(B)   A person is not a de facto custodian until the court determines by clear and convincing evidence that the person meets the definition of de facto custodian. If the court determines a person is a de facto

(C)   No proceeding to establish whether a person is a de facto custodian may be brought concerning a child in the custody of the Department of Social Services.

(D)   The court must determine custody in accordance with the best interests of the child, and equal consideration must be given to each parent and to any de facto custodian. The court must consider all relevant factors including, but not limited to, the:

(1)   wishes of the child as to his custodian, pursuant to Section 20-7-1515;

(2)   interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child's best interests;

(3)   child's adjustment to his home, school, and community;

(4)   mental and physical health of all parties and children involved;

(5)   information, records, and evidence of domestic violence;

(6)   extent to which the child has been cared for, nurtured, and supported by any de facto custodian;

(7)   intent of the parent or parents in having placed the child with a de facto custodian; and

(8)   circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent seeking custody was previously prevented from doing so as a result of domestic violence and whether the child was placed with a de facto custodian to allow the parent seeking custody to seek employment, work, or attend school.

(E)   The abandonment of the family residence by a party must not be considered where the party was physically harmed or was seriously threatened with physical harm by his or her spouse, when the harm or threat of harm was causally related to the abandonment.

(F)   The court may grant joint custody to the child's parents, or to the child's parents and a de facto custodian, if it is in the best interest of the child, pursuant to Section 20-7-420(42).

(G)   If the court grants custody to a de facto custodian, the de facto custodian has legal custody under the laws of South Carolina.

(H)   If the court has determined by clear and convincing evidence that a person is a de facto custodian, the court must join that person in the action as a party needed for just adjudication under the South Carolina Rules of Civil Procedure."

SECTION   3.   This act takes effect upon approval by the Governor./

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 100 (Word version) -- Senator Richardson: A BILL TO AMEND THE CODE OF LAWS Of SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-280 SO AS TO PROVIDE DIFFERENT SALARY SUPPLEMENTS FOR TEACHERS CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS, PROVIDE FOR LOANS TO TEACHERS FOR THE NATIONAL BOARD CERTIFICATION APPLICATION FEE, PROVIDE FOR FORGIVENESS OF THE LOANS PURSUANT TO CERTAIN CONDITIONS, AND PROVIDE FOR THE APPROPRIATION OF FUNDS; BY ADDING SECTION 59-25-290 SO AS TO PROVIDE FOR THE CREATION OF A COMMISSION TO DETERMINE NECESSARY CHANGES TO THE SALARY SCHEDULE FOR TEACHERS AND PROVIDE ITS COMPOSITION; AND TO AMEND SECTION 59-18-1530, RELATING TO TEACHER SPECIALISTS, SO AS TO PROVIDE GUIDANCE IN THE CALCULATION OF COMPENSATION FOR TEACHER SPECIALISTS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.

The Committee on Education proposed the following amendment (PT\2573SJ05), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION   1.   Article 3, Chapter 25, Title 59 of the 1976 Code is amended by adding:

"Section 59-25-290.   (A)   The State Department of Education shall create a commission to conduct a comprehensive study to determine

(1)   three members appointed by the Superintendent of Education;

(2)   two business leaders appointed by the Governor;

(3)   one business leader appointed by each of the following:

(a)   the President Pro Tempore of the Senate;

(b)   the Speaker of the House of Representatives;

(c)   Chairman of the Senate Education Committee; and

(d)   Chairman of the House Education and Public Works Committee; and

(4)   one member appointed by each of the following:

(a)   the Education Oversight Committee;

(b)   the Palmetto State Teachers Association;

(c)   the South Carolina Association of School Administrators;

(d)   the South Carolina Education Association; and

(e)   the South Carolina School Boards Association.

(B)   The commission shall conduct a salary study of all instructional support personnel including:

(1)   speech therapists;

(2)   speech pathologists;

(3)   audiologists;

(4)   school psychologists; and

(5)   school nurses.

(C)   The commission shall conduct a comprehensive study and report on strategies that facilitate the improvement of recruitment, retention, and education or professional development of teachers in schools scoring below average or unsatisfactory and hard-to-staff schools.   The report must address weaknesses, necessary improvements, recommendations for implementing improvements, and an estimate of cost for each recommendation. This report must be submitted to the General Assembly by January 1, 2006. This study and report should address, at a minimum, the following:

(1)   subject matter expertise and pedagogical skills of teachers;

(2)   appropriate skills and personal characteristics needed to enable teachers to succeed;

(3)   assignment of teachers according to skill level;

(4)   student expectations;

(5)   resources needed to insure high performance of students and teachers;

(6)   school climate needed for effective teaching and learning;

(7)   professional development and continuing education;

(8)   teacher pay and incentives needed to attract and retain teachers in hard-to-staff schools;

(9)   recruit of teachers from the communities in which hard-to-staff schools are located;

(10)   higher education teacher education programs for undergraduate and graduate candidates in areas of hard-to-staff schools; and

(11)   articulation and cooperative agreements between public four-year universities, public two-year colleges, and technical colleges."

SECTION   2.   Section 59-18-1530 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:

"( )   In calculating the compensation for teacher specialists, the State Department of Education shall include state and local compensation to include local supplements except local supplements for national board certification. Teacher specialists remain eligible for state supplement for national board certification."

SECTION   3.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 114 (Word version) -- Senators Ritchie, Richardson and Fair: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.

The Committee on Education proposed the following amendment (BBM\10834SJ05), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 413 (Word version) -- Senators Hayes, Setzler, Mescher and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO PROVIDE THAT SPEECH-LANGUAGE PATHOLOGISTS WHO HAVE RECEIVED NATIONAL CERTIFICATION FROM THE AMERICAN SPEECH-LANGUAGE HEARING ASSOCIATION (ASHA) OR WHO ARE LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION BEGINNING WITH FISCAL YEAR 2005-06, SHALL RECEIVE A PAY INCREASE OF SEVEN THOUSAND FIVE HUNDRED DOLLARS PER YEAR FOR THE LIFE OF THE CERTIFICATE OR LICENSE, SUBJECT TO FUNDING BEING PROVIDED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.

The Committee on Education proposed the following amendment (BBM\10835SJ05), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION   1.   Chapter 26, Title 59 of the 1976 Code is amended by adding:

"Section 59-26-87.   Speech-language pathologists who have received the Certificate of Clinical Competence from the American Speech-Language Hearing Association (ASHA) are recognized as the highest qualified providers of speech and language services in the school districts of South Carolina."

SECTION   2.   This act takes effect upon approval by the Governor.

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

The Committee on Transportation proposed the following amendment (SWB\6483CM05), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION   1.   Section 56-3-8000(A) and (B) of the 1976 Code, as last amended by Act 194 of 2002, is further amended to read:

"(A)   The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3), 501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020. From the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses associated with producing and administering the special license plate. The remaining funds collected from the special license plate fee must be placed in the general fund. If the 501(C)(3), 501(C)(7), or 501(C)(8) organization has been chartered for at least five years, a portion of the special license plate fee may be returned to the organization. Once four hundred new license plates or renewals have been issued, the special license plate fee funds must be distributed to the organization that requested the license plate.

The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.

(B)   Before the department produces and distributes a plate authorized under this section, it must receive:

(1)   four hundred or more prepaid applications for the special license plate or a deposit fee of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit The fee of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license

(2)   a plan to market the sale of the special license plate which must be approved by the department."

SECTION   2.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 47 (Word version) -- Senators Cromer, Elliott, Fair, Ford and Ritchie: A BILL TO AMEND SECTION 16-3-652, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-653, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF FIVE YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; AND TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO PROVIDE THAT AN ACTOR WHO HAS AT LEAST ONE PRIOR CONVICTION FOR A CRIME FOR WHICH THE ACTOR MUST REGISTER AS A SEX OFFENDER PURSUANT TO SECTION 23-3-430 AND WHO ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS LESS THAN SIXTEEN YEARS OF AGE IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0047.003), which was adopted:

Amend the bill, as and if amended, pages 1-2, by striking SECTIONS 1, 2 and 3 in their entirety and inserting:

/   SECTION   1.   Section 16-3-655 of the 1976 Code is amended to read:

"Section 16-3-655.   (1)(A)   A person is guilty of criminal sexual conduct in the first degree if:

(1)   the actor engages in sexual battery with the victim who is less than eleven years of age; or

(2)   the actor engages in sexual battery with a victim who is less than sixteen years of age and the actor has previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for an offense listed in Section 23-3-430(C) or has been ordered to be included in the sex offender registry pursuant to Section 23-3-430(D).

Upon conviction, the actor must be punished by imprisonment for not less than ten years nor more than thirty years, no part of which may be suspended or probation granted.

(2)(B)   A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is fourteen years of age or less but who is at least eleven years of age.

(3)(C)   A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. "     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator RYBERG proposed the following amendment (47R001.WGR), which was adopted:

Amend the bill, as and if amended, by inserting an appropriately numbered section:

/   SECTION ___.   Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-465.   Any person required to register under this article is prohibited from living in campus student housing at a public institution of higher learning supported in whole or in part by the State."     /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 3497 (Word version) -- Reps. Witherspoon, Barfield, Clemmons, Hardwick and Viers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE WHITE OAK SWAMP ALONG STATE ROAD 97 IN HORRY COUNTY THE "M. A. ARTIST MCCRACKEN BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "M. A. ARTIST MCCRACKEN BRIDGE."

The Concurrent Resolution was adopted, ordered returned to the House.

S. 780 (Word version) -- Senators Moore, Sheheen, Anderson, Drummond, Elliott, Ford, Hutto, Land, Lourie, Malloy, Matthews, Patterson, Pinckney, Setzler, Short, Williams and Martin: A CONCURRENT RESOLUTION TO URGE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, TO TAKE SWIFT AND APPROPRIATE ACTION ON VITAL TRADE MATTERS THAT INFLUENCE THE NATION'S AND THE STATE OF SOUTH CAROLINA'S ABILITY TO COMPETE AND GROW ECONOMICALLY.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 3347 (Word version) -- Reps. Scott, Cato, Tripp, J. Hines, Hosey, M. Hines, Vaughn, Bales, Battle, Branham, Breeland, R. Brown, Davenport,

On motion of Senator CAMPSEN, the Bill was carried over.

S. 737 (Word version) -- Senator Ryberg: A BILL TO AMEND THE TITLE OF CHAPTER 2, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976; TO REPEAL SECTION 56-2-2740, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO DOES NOT PAY PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, THE ISSUANCE OF LICENSE PLATES, AND THE VALIDATION AND REVALIDATION OF DECALS; TO AMEND CHAPTER 2 OF TITLE 56, BY ADDING ARTICLE 1, SO AS TO PROVIDE FOR THE OPERATION, TITLING, AND SALE OF LOW SPEED VEHICLES; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT PERTAIN TO THE ISSUANCE OF DRIVER'S LICENSES, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "LOW SPEED VEHICLE", "ALL TERRAIN VEHICLE", "OPERATOR" OR

Senator RYBERG explained the Bill.

On motion of Senator HUTTO, the Bill was carried over.

S. 765 (Word version) -- Senator Gregory: A BILL TO REPEAL SECTION 47-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSAL OR REMOVAL OF FERAL DOGS FROM CERTAIN PROPERTY; SECTION 47-3-320, RELATING TO TRAINING OF CONSERVATION OFFICERS TO REMOVE DOGS; SECTION 47-3-510, RELATING TO THE AUTHORITY OF AN OWNER OF A HUNTING DOG TO REGISTER THE DOG WITH THE DEPARTMENT OF NATURAL RESOURCES; SECTION 50-1-20, RELATING TO DEFINITION OF HUNTERS AND HUNTING; SECTION 50-3-360, RELATING TO EMPLOYMENT OF DEPUTY OFFICERS IN GAME ZONE 2; SECTION 50-3-396, RELATING TO THE USE OF AN OFFICIAL SUMMONS FOR LITTERING VIOLATIONS; SECTION 50-5-2517, RELATING TO PROHIBITED ACTS IN CONNECTION WITH A DOLPHIN OR PORPOISE; SECTION 50-11-30, RELATING TO EXTENSION OF HUNTING SEASONS OPENING OR CLOSING ON SUNDAY; SECTION 50-11-1070, RELATING TO AUTHORITY TO KILL BOBCATS WITHOUT A LICENSE; SECTION 50-13-60, RELATING TO THE DEPARTMENT'S AUTHORITY TO DECLARE A CLOSED SEASON ON FISH IN STREAMS ON RECOMMENDATION OF COUNTY LEGISLATIVE DELEGATIONS; SECTION 50-13-70, RELATING TO NOTICE OF A SEASON CLOSED PURSUANT TO SECTION 50-13-60; SECTION 50-13-80, RELATING TO CONDUCT WHICH IS PRIMA FACIE EVIDENCE OF VIOLATING A SEASON CLOSED

On motion of Senator MARTIN, the Bill was carried over.

S. 672 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS ON CERTAIN SALTWATER FISH, SO AS TO AUTHORIZE THE BOARD OF NATURAL RESOURCES TO ESTABLISH TAKE AND POSSESSION LIMITS AND SIZE LIMITS FOR ELEVEN SPECIFIC TYPES OR GROUPS OF SALTWATER FINFISH, TO PROVIDE FOR THE REVIEW, APPROVAL, NOTIFICATION, AND IMPLEMENTATION PROCEDURES IN REGARD TO THE ABOVE, TO PROVIDE THAT THESE PROCEDURES ARE IN LIEU OF THOSE FOR PROMULGATION OF REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT, AND TO PROVIDE THAT THIS AUTHORITY IS GRANTED TO THE BOARD FOR A PERIOD OF FIVE YEARS ONLY; AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS ON CERTAIN SALTWATER FISH, SO AS TO REVISE THE GAME FISH DESIGNATION FOR SALTWATER GAME FISH, TO PROVIDE FOR THE MANNER IN WHICH TAKE, POSSESSION, AND SIZE LIMITS APPLY TO CERTAIN SALTWATER GAME FISH AND NONGAME FISH, TO REVISE TAKE AND POSSESSION LIMITS FOR TARPON AND TAKE PERIODS FOR SPOTTED SEA TROUT AND RED DRUM, TO

On motion of Senator MARTIN, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3716, THE GENERAL APPROPRIATION BILL.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the report proposed by the Committee on Finance.

Senator LEATHERMAN, Chairman of the Committee on Finance, was recognized to address remarks regarding the General Appropriation Bill.

The Fiscal Year 2005-06 Appropriation Bill along with its companion Capital Reserve Fund Bill is a plan for restoration.

The last four budgets this General Assembly passed were painful. Let me remind you that in Fiscal Year 2001-02, our General Fund revenue actually decreased by 3%, the first time since the 1950's. Our state has only recently collected revenues at a pace exceeding the pre-recession levels. As the branch of government charged with the responsibility of the purse strings, we scraped to get by. We were forced to slash budgets and borrow from other accounts just to keep core services running. And we should be proud that we soundly rejected calls to tax ourselves out of bad times.

Today is the time when the State Senate begins the restoration process for the agencies and the public servants who deliver the basic services that our citizens depend on. Now, this is not to say that the Fiscal Year budget plan is perfect. There are still some core services

Before we go on our merry way thinking that the mid-1990's are back to stay, I want to offer a word of warning. Observers have pointed out that there's $600 million in so-called "new money" to spend for this budget cycle. Let's examine that figure. The recurring growth rate actually used by the Board of Economic Advisors in their General Fund revenue forecast is 3%. And, given the recent trends in interest rates and oil prices, I don't expect a revised forecast for next year. The 3% growth, along with the fact that we are beginning this year's budget from an artificially low spending base, yield us $245 million in "new" recurring funds. In addition, the Senate Finance Committee version of the budget anticipates $215 million in supplemental funds left over at the end of Fiscal Year 2004-05. We have included again this year $55 million in funds from increased enforcement at the Department of Revenue. And, this year for the first time in five years, the General Assembly has available to spend the Capital Reserve Fund of $99 million. When those sources are added together, it amounts to $614 million. But we all know that we won't see those types of numbers in the next budget year.

All that being said, I saw something in the Finance Committee several weeks ago that I cannot recall ever seeing - a unanimous vote for the Committee report on the Appropriation Bill. Things like that don't happen without reason. Credit goes to a number of people. First, the members of the Finance Committee worked hard under the leadership of our subcommittee chairmen, Senator J. VERNE SMITH, Senator PEELER, Senator THOMAS, Senator COURSON, Senator McGILL and Senator FAIR. Credit also goes to our colleagues in the House of Representatives under the leadership of Speaker Wilkins and Chairman Harrell. They sent us the best Budget Bill I have seen from the House.

Now, I'd like to tell you about some of the specific items in this budget.

This is the first budget written under the restrictions of the Fiscal Discipline Act of 2004. The Act directed the repayment of accumulated General Fund deficits in FY01-02 and FY02-03 of $177 million. That debt was repaid last summer. For the budget under consideration in the Senate, the Fiscal Discipline Act requires the General Assembly to fully replenish the General Reserve Fund at a cost of $78 million. That $78 million obligation is included in this year's budget, so early in July we will have a full $155 million "rainy day"

The keystone of this budget is additional funding for the Education Finance Act, the state's foundation of funding for primary and secondary education. The Education Finance Act is increased by $315 million, an increase of 23.6%. The formula's funding per student just for the EFA portion is $2,290. When considering all sources of funds (federal, state and local), the average total funding level is projected to be $9,826 per student, excluding local bond issues. The top priority in this budget is public education.

State employees will receive a well-earned 4% pay raise on July 1st, 2005. In addition, funds have been included in this budget to cover expected cost increases in the state health plan for teachers, state employees and retirees. Most of our law enforcement officers will receive pay increases above the 4% increase to bring them in line with southeastern averages for their profession and rank.

The budgets for our constitutional offices and the Judicial branch have been stabilized rather than being cut a s in previous years.

In higher education, all the major scholarship programs are funded (Palmetto Fellows, LIFE and HOPE).

Within the state's Medicaid program, we have increased funding some $40 million to maintain the program at its current level. In addition, this budget addresses some deficiencies in the Department of Mental Health and the Department of Social Services.

Our public safety is reinforced. Many of the agency budgets in the public safety area were patched with one-time dollars in Fiscal Year 2004-05. The Committee covered most of those shortfalls in this year's budget.

For agencies in the Natural Resources area, this is the first year in five years when they did not suffer deep cuts. Instead, some of the agencies actually have small increases to their budget in this plan.

Another item is well worth mentioning. Beginning in FY01-02 through FY03-04, state government was forced to borrow from other funds and trust funds a total of $200 million to keep services intact during the recession of the early 2000's. The largest amount borrowed was $90 million from the Barnwell Fund. The FY05-06 budget begins the process of restoring these funds by allocating $35 million for repayment. The orderly repayment of these funds is a commitment that we must keep in succeeding years. If we had fully restored these trust funds in this budget, we would have been forced to cut education and Medicaid funding, something I simply would not agree to do.

One small item in this budget of great significance is a decrease in revenue used for appropriation of $2.25 million. Just several weeks ago, the General Assembly enacted an individual income tax cut for small businesses. The top marginal rate for small business is being reduced from a rate of 7% of taxable income to a 5% flat tax by Tax Year 2009. The first phase of the tax cut will begin in 2006, and it's anticipated that some small businesses will adjust their individual income tax withholdings in 2005. So we are gladly accounting for those adjustments in this budget.

This is the first year since 2000 that the General Assembly has had available the Capital Reserve Fund to spend. This "set-aside" account is used for mid-year shortfalls, and if it isn't needed for a shortfall, it is available for the General Assembly to spend at the end of each fiscal year. The fact that it is available is an indication that we have put our fiscal house in order.

So in summary, this budget plan restores our ability to provide the basics of state government - to educate our children, to offer the opportunity for higher learning, to provide health care for those who cannot afford it, to protect our citizens and to protect and enjoy our beautiful state. These are the core services of our state government, and they are funded in this budget in a fiscally responsible way.

On motion of Senator COURSON, with unanimous consent, Senator LEATHERMAN's remarks were ordered printed in the Journal.

On motion of Senator LEATHERMAN, with unanimous consent, staff members from the Budget and Control Board were authorized as necessary to be in that area behind the rail and committee staff designated by the President Pro Tempore were admitted to the floor of the Senate Chamber while debate was in progress on H. 3716, the General Appropriation Bill.

Senator J. VERNE SMITH, Chairman of the Subcommittee on Human Services, was recognized to report to the Senate regarding the work of the subcommittee.

At 2:57 P.M., Senator MARTIN assumed the Chair.

Senator PEELER, Chairman of the Subcommittee on Public Education, was recognized to report to the Senate regarding the work of the subcommittee.

Senator THOMAS, Chairman of the Constitutional and Administrative Subcommittee, was recognized to report to the Senate regarding the work of the subcommittee.

At 3:12 P.M., the PRESIDENT Pro Tempore assumed the Chair.

Senator COURSON, Chairman of the Subcommittee on Higher Education, was recognized to report to the Senate regarding the work of the subcommittee.

Senator McGILL, Chairman of the Subcommittee on Natural Resources, was recognized to report to the Senate regarding the work of the subcommittee.

Senator FAIR, Chairman of the Subcommittee on Corrections and Public Safety Education, was recognized to report to the Senate regarding the work of the subcommittee.

Senator MOORE was recognized to speak on the Bill.

Senator MOORE asked unanimous consent to make a motion that the Report of the Committee on Finance be adopted, that the Bill be given a second reading, carrying over all amendments to third reading on H. 3716; that H. 3717, the Capital Reserve Fund, would then be taken up for immediate consideration, the amendment proposed by the Committee on Finance would be adopted and that H. 3717 would be given a second reading, carrying over all amendments to third reading.

Senator MARTIN spoke on the motion.

Senator J. VERNE SMITH spoke on the motion.

Senator COURSON spoke on the motion.

Senator MARTIN objected.

Mr. Chairman and members of the Senate, I guess I am the only member in here who is a former Finance Committee member, and that does not happen often. As a former Finance Committee member, I maintain a key interest in budgetary matters and have tried to gain additional information from my friends and colleagues. This year I would like to say to the Finance Committee members, collectively, that I do not know how you could have done a better job. My hat is off to you. I know that there are better economic times, which are a factor, but I do not believe that is the real factor.

Mr. Chairman, I think you have, under some tough constraints and often one-armed, exhibited strong leadership and brought the Senate Finance Committee together at a time when we truly needed it. I greatly appreciate your leadership in that regard.

Mr. Vice Chairman from Greenville County, no one does more to help people who cannot help themselves, and you have done that in this budget.

The subcommittee chairs including Senators from Cherokee, Greenville, Richland, Williamsburg, the Minority Leader, and the former Chairman of the Education Committee all deserve recognition. While I have not been that involved in trying to keep up with everything, I have had the opportunity to talk with several different people. I want to say to this entire Senate that the unity that has been expressed and shown in the Finance Committee should be something that we emulate such that we can show that same unity in the full Senate. Mr. Chairman, your remarks hit the nail on the head, and I know that you kept your patience a few years ago when I criticized the Finance Committee, but we have certainly seen improvements.

Senator from Cherokee, by fully funding the base cost of the Education Finance Act, I think the whole atmosphere in this State changes. I realize people can say that, while we funded base student costs, there are some areas that we need to improve, and I agree.

Senator from Greenville, I realize that people can say we have done a lot to fund Medicaid, and I do not think you gave yourself enough credit. Mr. Vice Chairman, the provider increases will make a difference. To assure so many people in our State adequate access to Medicaid is so needed, and I see this first-hand, daily in the nursing homes. Some can say that we need to do more for Medicaid, and I

What you have done here and in other areas including law enforcement officers -- such that officers in the lower ranks get up to 10% increases has done so much to help people across this State.

The judicial funding deserves mention and, lastly, the orderly repayment of the trust funds is key. Could we have done more? If you had all your money directed to savings, it would be just as if you put all your personal money in savings and did not worry about the electrical bill or grocery bill. This is an orderly repayment, and I think it does set the tone in the message.

Mr. Chairman, I think this is a very sincere effort to help those who cannot help themselves. I did criticize when I did not like it, but now I think things are such that I am going to tell you that I appreciate it.

I would like to make a unanimous consent request and know that the rules change allows amending on third reading with a higher majority, but I think this will only help us in conference committee. If there are worthy amendments to do that, I would ask unanimous consent that this Bill, the General Appropriation Bill H.3716, be given second reading, carrying over all amendments on the Desk. Obviously there will be the Capitol Reserve Bill that is on the Calendar, and I would include that in the unanimous consent request at the appropriate time such that that Bill would be given second reading. Let us discuss any amendments that are on the Desk and let us join together in unity if we agree with those amendments such that we can get the 27, 28, or 30 votes and then go in the conference committee unified as we have never been before.

On motion of Senator COURSON, with unanimous consent, Senator MOORE's remarks were ordered printed in the Journal.

At 3:51 P.M., with Senator MOORE retaining the floor, on motion of Senator LEATHERMAN, the Senate receded from business not to exceed ten minutes.

At 4:18 P.M., the Senate resumed.

Senators MOORE and LEATHERMAN asked unanimous consent to make a motion that the Report of the Committee on Finance be adopted, the General Appropriation Bill be given a second reading, carrying over all amendments to third reading, with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree; and provided, further, that the provisions of Rule 26B with regard to the 3/5 vote requirement be suspended as to H. 3716.

There was no objection and the motion was adopted.

The Report of the Committee on Finance was adopted.

The Bill was read the second time, passed and ordered to a third reading, carrying over all amendments to third reading and waiving the provisions of Rule 26B with regard to the 3/5 vote requirement.

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

On motion of Senator LEATHERMAN, the Senate proceeded to a consideration of the Resolution, the question being the adoption of the amendment proposed by the Committee on Finance.

Senators MOORE and LEATHERMAN asked unanimous consent to make a motion that the amendment proposed by the Committee on Finance be adopted, the Bill be given a second reading, carrying over all amendments to third reading, with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree; and provided, further, that the provisions of Rule 26B with regard to the 3/5 vote requirement be suspended as to H. 3717.

There was no objection and the motion was adopted.

The Committee on Finance proposed the following amendment (GGS\22094HTC05), which was adopted:

Amend the joint resolution, as and if amended, beginning on page 1, by striking Sections 1 and 2 and inserting:

/   SECTION   1.   In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for Fiscal Year 2004-2005 the following dollar amounts:

(1)Debt Service     12,000,000

(2)Barnwell Trust Fund     4,783,095

(3)Department of Commerce

(a)Repay Insurance Reserve Fund     3,500,000

(b)Competitive Grants     500,000

(4)State Department of Education

(a)School Buses     10,000,000

(b)Governor's School for the Arts

Deferred Maintenance     775,000

(c)   Governor's School - Math & Science

Deferred Maintenance     775,000

(5)Department of Social Services

(a)   Child Support Enforcement Computer System   11,500,000

(b)Greenville Urban League     86,000

(6)   Department of Health & Environmental Control

Competitive Grants     500,000

(7)Educational Television Commission

Education Satellite Service     1,400,000

(8)Wil Lou Gray Opportunity School

HVAC     2,000,000

(9)Francis Marion University

College of Nursing Building     1,500,000

(10)Clemson University

(a)Engineering Research Centers     408,728

(b)Deferred Maintenance     400,000

(11)Coastal Carolina University

Science Building Support     500,000

(12)   University of South Carolina - Columbia

(a)Gambrell Hall Repairs     500,000

(b)West Campus Safety Improvements     400,000

(c)Steamline Replacement/Repair     500,000

(d)Deferred Maintenance     475,000

(13)Winthrop University

Thurmond College of Business Administration   1,000,000

(14)Medical University of South Carolina

Nursing Clinical Teaching Lab     1,500,000

(15)   State Board for Technical and Comprehensive Education

(a)Orangeburg Technical College     1,500,000

(b)   York Technical College-Infrastructure Project   522,000

(16)School for the Deaf and the Blind

Life Safety Improvements     1,988,590

(17)Department of Public Safety

(a)   Vehicles for New Law Enforcement Officers   3,724,080

(b)   Replace Existing High Mileage Vehicles   3,000,000

(c)   Renovation of Criminal Justice Academy

Roof, Dormitories & Classrooms     2,000,000

(18)Department of Corrections

Vehicle Radio & Security     1,247,953

(19)Department of Juvenile Justice

(a)New Dorm Construction     2,300,000

(b)Deferred Maintenance     500,000

(20)   Department of Parks, Recreation & Tourism

Competitive Grants     3,000,000

(21)Department of Archives & History

Old Exchange Building     850,000

(22)Department of Mental Health

Veterans Nursing Homes     3,000,000

(23)Vocational Rehabilitation

Roof Repair     600,000

(24)Commission for the Blind

Building Life Safety Improvements     900,000

(25)Clemson-PSA

Baruch Institute     5,000,000

(26)State Ports Authority

Harbor Dredging     2,400,000

(27)Judicial Department

Technology Upgrades     3,785,000

(28)Governor's Office-SLED

(a)Vehicles     1,500,000

(b)Equipment and Training     1,000,000

(29)Adjutant General's Office

(a)Youth Challenge Program     250,000

(b)   Emergency Preparedness Federal Match   500,000

(30)Office of Appellate Defense

Information Technology Upgrade     45,000

(31)Workers' Compensation Commission

Computer Database     886,180

(32)Department of Consumer Affairs

Computer Platform- DOTNET System     300,000

(33)Legislative Audit Council

Equipment     4,400

(34)Budget & Control Board

(a)   National Guard Pension Fund - Administration   50,000

(b)Competitive Grants     2,600,000

(c)Local Economic Support     400,000

(d)Expansion of Heritage Corridor     500,000

TOTAL     99,356,026

SECTION 2. (SDE: Buses, Parts, and/or Fuel) Funds appropriated for school bus purchases may be used to purchase buses and fuel.   /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

The Resolution was read the second time, passed and ordered to a third reading, carrying over all amendments to third reading.

On motion of Senator LEATHERMAN, with unanimous consent, H. 3717 would be placed in a position under the masthead of the Calendar to be taken up immediately following the consideration of H. 3716, the General Appropriation Bill.

Senator MARTIN asked unanimous consent to make a motion that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:00 A.M.

There was no objection and the motion was adopted.

At 4:23 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 10:00 A.M.

This web page was last updated on Wednesday, June 24, 2009 at 1:20 P.M.